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(ii) At a reduction to the subscriber, under a premium offer or any other arrangements, of more than 50 percent of the amount charged at the basic annual rate for a subscription which entitles the subscriber to receive one copy of each issue published during the subscription period. The value of a premium is considered to be its actual cost to the publisher, the recognized retail value, or the represented value, whichever is highest.

(c) Publications of institutions and socities. (1) Publications that do not have subscribers and that are issued as follows may contain only the publishers' own advertising and not under any conditions the advertising of other persons, institutions, or concerns: By a regularly incorporated institution of learning, by a regularly established State institution of learning supported in whole or in part by public taxation, including bulletins issued by State boards of health, State industrial development agencies, State conservation and fish and game agencies or departments, and State boards or departments of public charities and corrections, and by a public or nonprofit private elementary or secondary institution of learning or its administrative or governing body and program announcements or guides published by an educational radio or television agency of a State or political subdivision thereof or by a nonprofit educational radio or television station.

(2) Publications that do not have subscribers and that are issued as follows may contain only the publishers' own advertising. By or under the auspices of a benevolent or fraternal society or order organized under the lodge system and having an actual membership of not less than 1,000 persons, or of a trades-union; or as the publications of strictly professional, literary, historical, or scientific societies; or by churches and church organizations. These publications may also contain advertising of other persons, institutions, or concerns, under the following conditions:

(i) The publication must not be designed or published primarily for advertising purposes.

(ii) The publication must be originated and published to further the objects and purposes of the society.

(iii) The circulation must be limited to copies mailed to members who pay

either as a part of their dues or assessments, or otherwise, not less than 50 percent of the regular subscription price; to other actual subscribers; to exchanges; and 10 percent of such circulation as sample copies.

(iv) When members pay for their subscriptions as a part of their dues or assessments, individual subscriptions or receipts are not required.

(3) Periodical publications issued by State departments of agriculture may not contain advertising and must be published for the purpose of furthering the objects of the departments.

(d) Foreign newspapers and periodicals. Foreign newspapers and other periodicals of the same general character as domestic publications entered as secondclass mail may be accepted by the Postmaster General, on application of the publishers thereof or their agents, for transmission through the mail at the same rates as if published in the United States. This section does not authorize the transmission through the mail of a publication which violates a copyright granted by the United States.

(e) Identification statements in copies. Copies of publications must be identified as second-class mail by having the following items printed on one of the first five pages in a position where they may be easily located by postal employees and other interested persons:

(1) Name of publication, Ine name of the publication must be shown on the front in a position and in a style and size of type that will make it clearly distinguishable from the name of the publisher or other items on the front.

(2) Date of issue.
(3) Statement of frequency.

(4) Issue number. The copies of each issue must be numbered consecutively. The consecutive numbering of published issues may not be broken by assigning numbers to issues unavoidably omitted.

(5) Subscription price, if the publication has one.

(6) Name of known office of publication and ZIP Code, including street and number when there is letter-carrier service, must be printed in a position or in a style and size of type or with a designation that will make it clearly distinguishable from the names of other offices of the publication. When there is no post office at the place where published, the name of the post office where mailed must be shown as the office of publication. Ad

dresses in mastheads and date lines must be printed so they will clearly show where change of address notices, undeliverable copies, orders for subscriptions, and other mail items are to be sent. See $ 125.2 (f) of this chapter.

(7) Second-class imprint, reading “Second-class postage paid at ---------" When a publication is mailed at two or more offices, the imprint must read “Second-class postage paid at ----

and at additional mailing offices.”

(8) Notice of pending application, when copies are mailed while an application is pending, reading “Application to mail at second-class postage rates is pending at-----[35 F.R. 19427, Dec. 23, 1970, as amended at 36 F.R. 12171, June 26, 1971; 37 F.R. 17828, Sept. 1, 1972) § 132.3 Applications for second-class

privileges. (a) Applications for publications and news agents that do not have secondclass privileges. An application must be filed by the publisher before a publication may be mailed at the second-class rates. Two copies of the issue described in the application must also be filed. When one-half or more of the total copies distributed are purchased by news agents for resale or are consigned to news agents for sale, two copies each of at least four issues must be filed before an application is either approved or disapproved, to demonstrate compliance with the requirement for regular issuance at least four times each year. If the publication is printed in a foreign language, a brief translation of the contents of the copies must be furnished. A synopsis of each article and advertisement is usually sufficient. News agents must file applications before they may mail second-class publications at the second-class rates. Copies of all application forms may be obtained from local postmasters. The headings on the forms describe what information must be furnished by publishers and news agents. Use the following forms:

(1) File application Form 3501 for second-class mail privileges for a publication that meets the basic qualifications (see § 132.2(b)) at the post office of the place where the known office of publication is located. When one-half or more of the total copies distributed are purchased by news agents for resale or are

consigned to news agents for sale, postmasters will not accept an application on Form 3501, unless the publisher has completed the application by furnishing all of the information called for by questions 30 and 31.

(2) File application Form 3502 for second-class mail privileges for a publication of an institution or society (see § 132.2(c) of this chapter) that does not meet the basic qualifications at the post office of the place where the known office of publication is located.

(3) File application Form 3501-A for permission to mail foreign publications in the United States at the post office at which the copies are to be mailed.

(4) File application Form 3501-A for registry of a person or firm as a news agent with the privilege of mailing second-class publications at the post office where mailings are to be made.

(b) Acceptance after application is filed. Publishers or news agents may not mail at the second-class rates until the application for second-class privileges is approved by the Director, Office of Rates and Classification, Finance Department. See paragraph (f) of this section. Postmasters may not accept mailings at the second-class rates until they receive a written authorization from the Director, Ofice of Rates and Classification. Postage at the applicable third- or fourth-class rates may be paid in money on mailings made while an application is pending. The postmaster will keep a record of such mailings on Form 3503, Record of Deposits Made While Second-class Application is Pending, and if secondclass privileges are authorized by the Director, Office of Rates and Classification, he will be instructed to return to the publishers or news agents the difference between the third- or fourth-class rates and the second-class rates. Form 3503 will not be kept and the difference will not be returned when postage is paid by stamps affixed.

(c) Applications for publications that have second-class privileges. After a publication has obtained second-class mail privileges, applications may be filed for the following additional privileges:

(1) Publishers of newspapers or periodicals of those nonprofit organizations and associations listed in § 132.1(b) (2) may file applications by letter to the postmaster for the special rate. They must submit evidence to establish their nonprofit status and to show that they come within one of the categories stated.

(2) Publishers of religious, educational, or scientific publications designed for use in school classrooms or in religious instruction classes may file applications by letter to the postmaster for the special rates for such publications. See $ 132.1(b) (3). They must also submit Evidence showing that their publications are of this character and for the uses stated.

(3) Publishers of publications designed to promote the science of agriculture may file applications by letter to the postmaster for the special zones i and 2 advertising rate of 4.2 cents per pound. See § 132.1(b) (4). They must submit evidence that their publications are of the character and for the use stated and that more than 70 percent of the copies distributed by any means for any purpose during any 12-month period are to subscribers residing in rural areas.

(4) A publisher may apply for permission to mail at additional entry post of fices. A written application for an additional entry must be filed by the publisher at the post office where the publication has original second-class entry. A form is not provided for this kind of application. See paragraph (e) of this section for fees required. The application must include the following information:

(i) Name of publication.
(ii) Frequency of issue.

(iii) Name of place where the publication is printed.

(iv) Name of the additional entry post office.

(v) Approximate number and weight of copies to be mailed at the additional entry office.

(vi) Specific geographical area to be served from the additional entry office (the geographical area served by the additional entry office must include the entire local delivery area of the additional entry office). An additional entry will be authorized at a post office located in the same county in which the office of original entry is located only when the publication is entirely or partly produced or prepared for mailing at the additional entry office (see subparagraph (5) of this paragraph for available exceptional dispatch privileges). An additional entry will be authorized only at a post office served by transportation facilities which will en

able the mailings to be effectively and economically handled in the postal transportation patterns.

(5) An application to deliver copies of à second-class publication at the publishers' expense and risk from the post office of original entry or an additional entry post office to other post offices or elsewhere may be filed by the publisher at the office of original or additional entry where the postage is paid on the copies which will be transported. A form is not provided for this kind of application. The postmasters at the office of original or additional second-class entry will approve or disapprove applications on the basis of whether such exceptional dispatch will improve service. They will notify other post offices concerned and the Regional Mail Classification Branch of approved arrangements and include a list showing how the sacks or outside bundles are to be labeled and the approximate number of copies. Only after notification by the postmaster at the entry office where the postage is paid shall copies be accepted at another office directly from the publisher. At least once each 6 months the accepting postmaster shall verify the number of copies received directly from the publisher. Any significant increased noted at time of vertification or at any other time shall be reported to the entry office where the postage is paid.

(d) Reentry because of change in name, frequency, or location. When the name or frequency is changed, an application for reentry must be filed on Form 3510 at the post office of original entry, accompanied by two copies of the publication showing the new name or frequency. When the location is changed, an application for reentry must be filed on Form 3510 at the new office, accompanied by two copies of the publication showing the name of the new office as the known office of publication. Copies of second-class publications will be accepted for mailing at the second-class postage rates during the time applications for their reentry are pending. Copies of Form 3510 may be obtained from local postmasters. An application for reentry is not required when only the ownership is changed unless the change disqualifies the publication for an entry which was authorized under $ 132.2(c).

(e) Fees. The fees to accompany applications for second-class original entry,

15

50

reentry, or additional entry, or for regis charged with postage at the applicable tration as a news agent, are:

third- or fourth-class rates. Kind

Amount (b) Editions or issues. The following Original entry—circulation not more

kinds of extra or special editions or issues than 2,000.----

$30 may be mailed at the second-class rates: Original entry-circulation 2,001 to

(1) Extra issues or editions issued for 5,000 ------

60 the purpose of communicating addiOriginal entry—circulation 5,001 and

tional news and information received too over -------

120

late for insertion in the regular edition News-agent registry----

25 Reentry because of change in title,

and not for advertising purposes. frequency of issue, office of publica

(2) Separate editions of the issues of tion, or other reasons-------

a second-class publication. Separate pubAdditional entry (Only one free is col

lications will not be accepted as editions. lectible for an application for ad

(3) Issues containing annual reports, ditional entry even though the

directories, lists, and similar text as a additional entry being applied for

part of the contents, but the copies may modifies one or more additional

not be distinguished from the regular entries previously approved.) Within zones 1 and 2----

15

issues by bearing designations which inWithin zones 3 to 8--

dicate they are annuals, directories, cata.

logs, yearbooks, or other types of sepaIf an application is not approved, no

rate publications. The regular annual part of the fee is returned to the

subscription price must include the applicant. (f) Granting or denial of application.

copies of such issues.

(c) Back numbers and reprints. The The Manager, Mail Classification Divi

following kinds of back numbers and resion, Finance Department, U.S. Postal

prints may be mailed at the second-class Service, Washington, D.C., rules on all

rates: applications. If he grants the applica

(1) Unbound copies of back numbers tion, he notifies the postmaster at the

as long as entry is in effect. office where the application for orig

(2) Unbound reprint copies of daily inal entry was filed, who in turn notifies

publications printed within 1 week after the applicant. Before taking action on an

the date of issue. application, the Manager may call on the

(3) Unbound reprint copies of other publisher for additional information or

than daily publications printed before evidence to support or clarify the appli

the next issue is printed. cation. Failure of the publisher to furnish the information requested may be Other reprints and bound back numbers cause for denial of the application as in are charged with postage at any applicomplete or, on its face, not fulfilling the cable third- or fourth-class rates. requirements for entry. If the Manager (d) Supplements. Issues may include denies the application, he must notify supplements subject to the following the publisher specifying the reasons for conditions: the denial. The denial becomes effective (1) The supplement must be germane in 15 days from receipt of the notice by to the issue, and prepared in order to the publisher unless the publisher ap- complete it, having been omitted for peals therefrom. See § 132.8(c).

want of space, cime, or greater convent [35 FR 19426, Dec. 23, 1970, as amended at ence. 38 FR 16351, June 22, 1973]

(2) Publishers must be paid at adver$ 132.4 What may be mailed at the tising rates and charges for carrying presecond-class rates.

printed advertising supplements germane (a) Complete copies. Copies of the to the issue which are furnished to them regular issues containing all of the pages by advertisers or others. may be mailed at the applicable second (3) Publications which are distinct class rates provided by $ 132.1 (a) and from and independent of the regular (b) to subscribers, as samples (see issue, such as catalogs, curculars, hand$ 132.4(f) (1) for limitation), and as pro bills, posters, and other special advertisevided for by $ 132.2(c). The transient ments, and which are, therefore, not rate provided by $ 132.1(c) applies to germane to the issue, may not be inserted copies mailed to nonsubscribers and as as supplements. excess samples. Copies which are not (4) A supplement must bear the title complete by reason of having pages or of the publication preceded by the words portions of pages removed must be “Supplement to.”

(5) Supplements must be folded and (a) of this chapter. Copies so addressed mailed with the regular issue.

and marked "Sample Copy” must be (6) Bound periodicals must observe mailed to each boxholder on the rural the provisions of paragraph (h) of this or star route or to each boxholder at section.

post offices not having city letter carrier (e) Parts or sections. (1) The regular service. Copies may not be mailed only to pages of publications may be prepared in nonsubscriber boxholders. All copies parts or sections. Enclosures prohibited mailed in this manner are considered as as supplements may not be prepared as samples even though some boxholders parts or sections.

are subscribers. Such copies are individ(2) Each part or section must show ually addressed copies. the title of the publication.

(2) Copies paid for by advertisers. (3) The number of parts or sections in Copies paid for by advertisers or others which the issue is published must be for advertising purposes may be mailed stated on the first page of the first part only at the transient rate provided by or section.

$ 132.1(c). When copies are being fur(4) Publishers must pay at a rate that nished free to the addressees, publishers is not nominal for parts or sections pro may be required to tell the postmaster duced by others. The parts or sections the purpose for sending the copies, the may not be issued by or for advertisers. amount that the publisher received for Publishers must submit to the Finance the copies, and whether the purchaser is Department, Mail Classification Division, an advertiser. contracts entered into with producers of (3) Copies paid for as gifts. A minor parts or sections.

portion of the subscription list may con(f) Copies not paid for by the addres sist of persons whose subscriptions were see-(1) Sample copies. (i) Complete paid for as gifts. Subscriptions paid for copies of regular issues or editions may by advertisers or other interested persons be mailed as samples at the second-class to promote their own interests and subrates provided by $ 132.1 (a) and (b). scriptions given free by the publishers

(ii) Samples may be mailed at any are not gift subscriptions; postage at the time during a calendar year to the ex transient rate in 132.1(c) must be paid tent of 10 percent of the total estimated on these copies. weight of copies to be mailed to sub (4) Exchange copies. A minor portion scribers during the calendar year. For

of the subscription list may consist of publications having additional entries, publishers to whom exchange copies are the postmaster at the original entry ofice sent, one copy for another. is responsible for determining that sam- (5) Expired subscriptions. Copies will ple copies do not exceed the 10 percent be accepted at the pound rates of postage limit. At the end of each calendar year for a period of 6 months after a subthe postmaster at the orignal entry post scription has expired, if the publisher office must request from each additional attempted during the 6 months to obtain entry office the weight of subscriber and payment or a promise to pay for a resample copies mailed during the year. newal. Postage at the transient second(iii) The words “Sample Copy” must

class rate will be charged on copies sent be shown on the address side of the

of the after 6 months to persons who have not envelopes or wrappers or the outside renewed. cover of unwrapped copies.

(6) Advertisers' proof copies. One (iv) Samples for delivery in the county

complete copy of each issue may be of publication are subject to the rates

mailed at the pound rates to each adshown in 132.1(a).

vertiser in the issue to prove that the (v) The transient rate provided by

advertisements have been printed or, in$ 132.1(c) must be paid on samples

stead, copies may be mailed to the admailed in excess of the 10 percent limit.

vertising representatives or agents of the (vi) Copies mailed for advertising

publication. The number of proof copies

of each issue sent under this section may purposes under arrangements with ad

not exceed the number of advertisers in vertisers or others and copies mailed by

the issue. a publisher acting as an agent for an

(7) Mailed by printer, Copies sent by advertiser may not be mailed as samples. a printer to a publisher are chargeable

(vii) Sample copies may be mailed to with postage at the third- or fourth-class boxholders with each copy addressed in rate, whichever is applicable, according the simplified manner shown in $ 122.4 to the physical characteristics of the

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